Most people typically think of a violent sexual violation when discussing sexual assault or other sex crimes. However, numerous sexual assaults, including the practice known as “sextortion,” may be charged as crimes under California law.
Extortion for sex-related goals is what sextortion is all about. Extorting someone in California for explicit photos or films is also illegal. So what does the term “sextortion” actually mean? Keep reading to get the facts. Then contact Chambers Law Firm at 714-760-4088 for a free legal consultation if you are facing these or other sex crime accusations.
What is sextortion?
Extortion is the act of using fear to get property or another form of payment from a person with their agreement. An illustration of this might be if someone warns their supervisor that they will reveal an affair if they don’t grant them a raise. Sextortion is when someone demands something in exchange for sex or private photos rather than money. In other words, sextortion refers to the act of demanding sexual favors from another person. Importantly, this offense can only be committed by persons who are 18 years old or older.
How can sextortion be a crime if the alleged victim consents to the act?
A frequent query is how sextortion can constitute a crime if the victim consents to the sexual act or the provision of private images. The reason is straightforward: if consent is granted under duress, it is not actually given.
If a man insists that a neighbor email him explicit photos in order to prevent him from disclosing to the IRS that she is filing her taxes fraudulently, she is not doing willingly. If he hadn’t warned her that she may be reported to the IRS, she might not have ever exchanged words with this neighbor, much less sent him images. Even if she is the one capturing and transmitting the photos, the fact that she is only doing so because he is extorting her is the offense.
Sextortion can be charged as a felony
Sextortion is a felony violation if it is carried out by someone who is at least 18 years old. It carries a sentence of two to four years in state prison and/or a fine of up to ten thousand dollars. According on the circumstances of the case and the defendant’s criminal history, attempted sextortion is a wobbler offense, which means it might be punished as either a misdemeanor or a felony.
It is punished by up to 3 years in state jail and/or a fine up to $10,000 if it is charged as a felony. It is punishable by up to a year in county jail if charged as a misdemeanor.
Let us help you if you are facing felony criminal charges
Our criminal defense attorneys at Chambers Law Firm have years of experience defending individuals accused of all California felonies, including extortion and sextortion. Together with our clients, we craft the strongest possible defenses against these allegations and strive to have criminal charges dropped or reduced. To schedule a free initial consultation with a criminal defense attorney, call our office at 714-760-4088 or email dchambers@clfca.com right now.
